For couples who live in no-fault divorce states such as Colorado, filing for divorce is a fairly straightforward process. The spouse filing for divorce must allege in the petition for marital dissolution that the marriage was ending due to irreconcilable differences. However, there is no need to provide any further explanation or reason. Therefore, citing to adultery or any other specific reasons for the divorce is unnecessary.
While adultery does not impact whether a no-fault divorce is granted it can impact other areas of the divorce. Here are a few examples of how adultery can affect the divorce process.
- Property division: The partner committing the adultery may have given their affair partner, marital funds, or assets. This can impact what percentage of assets the adulterer will receive in the divorce.
- Child custody: Adultery generally will not impact custody decisions, unless the affair somehow resulted in abuser and neglect of the child.
- Alimony: Adultery generally will not impact whether alimony payments. However, if the spouse committing adultery used marital funds to pay for dates with their affair partner, buy gifts for their affair partner, or contribute to the affair partner’s life, they may owe alimony to the other spouse.
While some married couples find a way to stay together after adultery, it can have a devastating impact on other couples. While the existence of infidelity may not determine whether a divorce is granted, courts may consider it when evaluating other aspects of the divorce. Generally, if the court finds that adultery impacted the married couple’s financial status, it is likely that the adulterer will have to suffer financial consequences for their actions in the divorce.